The terms and conditions set forth herein (the “Terms”) comprise the agreement between you, each Group (as defined herein) of which you are a part and Lovage Club LLC (“Little Lovage Club”) regarding such Group’s use of and access to our facilities operated on Little Lovage Club’s premises. Unless otherwise specified, all capitalized terms used and not defined here have the meaning ascribed to such terms in the applicable agreement or policy.
By using or accessing Little Lovage Club’s premises, whether by purchasing a membership or pass, accessing a complimentary guest pass, hosting or attending a birthday party, or by any other means, you acknowledge that you have carefully read these Terms. You further acknowledge that you understand and agree that you and your Group will be bound by all of its terms, policies and procedures, releases, waivers and indemnification of Little Lovage Club. Without limiting the generality of the foregoing, you expressly acknowledge and agree that you are authorized to agree to these Terms on behalf of each member of your Group, that you are assuming all risks of bringing each child in your Group to Little Lovage Club and that, in the event of illness or injury of any member of your Group, neither you, nor any member of your Group, will have any recourse against Little Lovage Club, its officers, members, employees, agents, consultants, contractors, and agents.
Your “Group” comprises each individual identified by you that is accessing Little Lovage Club with you. Your Group must include at least one (1) child under eighteen (18) years of age and one (1) adult eighteen (18) years of age or older who is the parent, legal guardian, or authorized caregiver of such child. Your Group may include multiple children under eighteen (18) years of age so long as each child has a parent, legal guardian or authorized caregiver of each such child present in the Group.
WAIVER, RELEASE & INDEMNITY
You acknowledge and agree that you are aware of the risk of illness or injury inherent in the use of Little Lovage Club or any of its programming. You and each member of your Group are using Little Lovage Club and/or participating in Little Lovage Club’s programs with the express understanding, acknowledgment, and agreement that you, on behalf of yourself, each member of your Group, whether children or their parents, legal guardians or authorized caregivers, hereby indemnify, waive, release and hold harmless Little Lovage Club, its affiliates and its and their respective officers, members, employees, agents, consultants, contractors, and agents (collectively, the “Indemnitees”) from any and all claims, losses, actions, liabilities, suits, proceedings, demands, expenses or judgments, including attorneys’ fees and court costs (hereinafter “Claims”) resulting from any of the following: (a) each member of your Group’s use of or access to Little Lovage Club or participation in any programs thereof; or (b) any injury or damage to any person or property arising out of or in connection with the acts or omissions of any
member of your Group while using, accessing, or participating in programming at Little Lovage Club.
LIMITED LIABILITY
Liability Exclusion. LITTLE LOVAGE CLUB WILL NOT BE LIABLE TO YOU (NOR ANY MEMBER OF YOUR GROUP, ANY PARENT, LEGAL GUARDIAN OR AUTHORIZED CAREGIVER THEREOF OR ANY OTHER PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUES OR PROFITS, LOSS OF USE, LOSS OF COST OR OTHER SAVINGS OR LOSS OF GOODWILL OR REPUTATION, WITH RESPECT TO ANYCLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) ARISING FROM, RELATING TO OR IN CONNECTION WITH LITTLE LOVAGE CLUB OR THESE TERMS, REGARDLESS OF WHETHER LITTLE LOVAGE CLUB WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
Limitation of Damages. LITTLE LOVAGE CLUB’S MAXIMUM LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH LITTLE LOVAGE CLUB OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED, IN THE AGGREGATE, $500.
Exceptions. To the extent any of the exclusions or limitations of liability set forth in this section are determined to be not enforceable under applicable law, such exclusions and limitations of liability shall be enforced to the fullest extent permitted under applicable law.
The Customer’s Responsibilities. By using and/or accessing Little Lovage Club, or permitting any member of your Group to use and/or access Little Lovage Club, you acknowledge and agree that you assume full responsibility for each member of your Group. You acknowledge and agree that a parent, legal guardian or authorized caregiver affiliated with your Group shall remain on Little Lovage Club premises at all times while any member of your Group is in Little Lovage Club, and you agree, on behalf of yourself, each other member of your Group and any parent, legal guardian or authorized caregiver thereof, to assume all risks that may occur should any such parent, legal guardian or authorized caregiver leave Little Lovage Club. In furtherance of the foregoing, you hereby represent that no member of your Group is or will be ill when
using or accessing Little Lovage Club or participating in programs thereof and, to the best of your knowledge, no member of your Group has been exposed to any contagious disease.
Photo Release. On behalf of yourself and each member of your Group, you hereby grant Little Lovage Club the right and license to record and/or capture your likenesses while using and/or accessing Little Lovage Club, whether in the form of photograph, video, or other digital media (“Photo”), and to use any such Photo in any and all of its publications, including web-based publications, without payment or other consideration. You understand and agree that all such Photos will become the property of Little Lovage Club. On behalf of yourself and each member of your Group, you hereby grant Little Lovage Club a perpetual, irrevocable, fully-paid, royalty-free, sublicensable, transferable right and license to edit, alter, copy, exploit, exhibit, publish, or distribute your Photos for any lawful purpose, including (but not limited to) news, web casts, promotional purposes, telecasts, advertising, and social media.
Emails and SMS. When booking a reservation at Little Lovage Club, you agree to be added to Little Lovage Club’s email and SMS subscriber list.
RULES & REGULATIONS at Little Lovage Club
The following rules and regulations apply to all Little Lovage Club locations and may be amended, modified or waived at any time at the sole discretion of Little Lovage Club management. On all questions regarding the interpretation of the following rules and regulations, the decision of Little Lovage Club shall be final. Little Lovage Club reserves the right to suspend visitor privileges for violation of any rule or regulation.
Indoor Play Space Policies. Little Lovage Club’s indoor play space is offered throughout the day for children aged 0-10 years old. Children using the indoor play space must be accompanied by their parent/legal guardian or authorized caregiver at all times. Shoes of any kind are prohibited in the classrooms and the indoor play space. Little Lovage Club requires that all customers wear socks. Little Lovage Club reserves the right to limit the number of individuals that are in any enclosed area of a Club, including the indoor play space, at any one time.
Little Lovage Club Staff. Little Lovage Club’s staff comprise an essential part of the Little Lovage Club community. Inappropriate conduct with or treatment of any staff member by you or any member of your Group will lead to the immediate termination of your membership and/or reservation, with no refund to you. YOU ACKNOWLEDGE AND AGREE THAT LITTLE LOVAGE CLUB’S STAFF IS NOT RESPONSIBLE FOR
YOUR CHILD, ANY OTHER MEMBER OF YOUR GROUP, OR THE BEHAVIOR OR ANY OF THE FOREGOING AT ANY TIME, AND YOU WILL BE SOLELY RESPONSIBLE FOR THE SAFETY AND BEHAVIOR OF YOUR CHILD AND EACH OTHER MEMBER OF YOUR GROUP AT ALL TIMES. FOR THE AVOIDANCE OF DOUBT, LITTLE LOVAGE CLUB’S STAFF WILL NOT CHANGE DIAPERS, FEED OR PROVIDE SIMILAR SERVICES FOR YOUR CHILD OR ANY OTHER MEMBER OF YOUR GROUP.
Personal Conduct. By accessing Little Lovage Club, you and each member of your Group agree to conduct yourselves in ways that do not threaten the health, well-being, and full enjoyment of Little Lovage Club’s offerings by any other customers, children and caretakers. Little Lovage Club reserves the right to remove any customer for conduct that Little Lovage Club staff, in its sole discretion, judges to be detrimental to the welfare of other customers. This includes the right to refuse a child’s participation in any class,
program or service due to the child’s continued behavioral problems.
Illness Policy. In consideration of other members and guests, please keep sick children at home. Children should not return to the Little Lovage Club location after illness until all symptoms have been absent for at least 24 hours. Please refer to the CDC’s website for specific information regarding contagious illnesses, or ask for more information at the front desk. Little Lovage Club reserves the right, in its sole discretion, to send a child home to get well. If your child or any other member of your Group has allergies, please
inform a staff member of Little Lovage Club and request to include this information on your online account. Little Lovage Club does not have a medical staff available and is not permitted to provide emergency or other medical treatment. LITTLE LOVAGE CLUB WILL NOT BE LIABLE TO YOU, ANY MEMBER OF YOUR GROUP OR ANY PARENT, LEGAL GUARDIAN OR AUTHORIZED CAREGIVER THEREOF AS A
RESULT OF YOUR FAILURE TO INFORM LITTLE LOVAGE CLUB OF ANY ALLERGY.
Animals and Items from Home. To help provide a safe environment, live animals other than trained service animals with proper certification are not permitted in Little Lovage Club. Children are not permitted to bring objects that may constitute a safety hazard, such as toys, jewelry, food or anything that may present a choking or strangulation hazard. Transitional objects such as blankets, stuffed animals or pacifiers are welcome.
Personal Belongings. Little Lovage Club accepts no liability for loss or damage to any personal property. This includes, but is not limited to, any property left in Little Lovage Club. Any personal property left Little Lovage Club and handed in to a staff member will be retained for fourteen (14) days. After this time, the property will be donated or disposed of.
Cell Phones. Please do not allow the use of cell phones to detract from your ability to supervise your child. Little Lovage Club requests that ringers be turned to silent or vibrating mode during your visit. Please speak in a low voice when using your cell phone.
Check-In Procedures. The customers will be required to check in with front desk staff upon entering Little Lovage Club. Please note that Little Lovage Club does not accept cash at any location.
Cancellation Policy. Memberships may be canceled no later than 7 days before your next billing cycle. Cancellation requests that take place within 7 days of a billing cycle may receive a store credit towards a future membership. Cancellation requests must be in writing (hello@littlelovageclub.com). Refunds or credits will not be issued for cancellation requests that take place after a billing cycle.
Inclement Weather Policy. Little Lovage Club reserves the right to close due to inclement weather for the safety of staff and guests.
Photography. You may not photograph, record or use the likeness of any other customer, whether on social media or for any other purpose, without their express consent. Little Lovage Club shall not be liable to you or any other person for any photos or images taken by or of you or any member of your family.
Alterations to Terms. Little Lovage Club may make changes to these Terms from time to time in its sole discretion, and will make commercially reasonable efforts to send notice to you via email to the email address provided by you to Little Lovage Club for any material changes. Your use of and access to Little Lovage Club following any such changes to these Terms constitute your agreement to be bound by the modified Terms.